IHC issues notices in petition against PTV chief’s appointment

ISLAMABAD-Islamabad High Court on Monday issued notices to secretaries of Information and Cabinet divisions and other respondents in a petition challenging the appointment of Arshad Khan as chairman Pakistan Television Corporation.

A single bench of the IHC comprising Justice Mohsin Akhtar Kayani heard the petition moved by a petitioner Perviz Akhtar Bhatti, secretary general PTV Employees and Workers Union, and deferred the hearing after directing the respondents to submit their replies within two weeks.

The petitioner moved the court through his counsel Ali Nawaz Kharral and cited the federation through secretary Cabinet Division, secretary Ministry of Information, Chairman PTV, PTV Board of Directors, Arshad Khan and Chairman Securities and Exchange Commission of Pakistan (SECP) as respondents. He adopted in his petition that Arshad Khan was illegally and unlawfully appointed as chairman of PTVC.

Bhatti contended that Supreme Court held in its judgment that though the federal government was empowered under section 183 (b) of the Companies Ordinance 1984 read with Article 83 of AOA to appointment a Director to the Board of PTVC but it had to do so by following the procedure prescribed in Clause (iii) of SI No 141 of the Esta Code and the process additionally required transparency, merit and fairness in the appointment of public functionaries.

He argued that the Supreme Court has directed time and again to fill public sector posts strictly in accordance with the law and keeping in view the eligibility based on an objective criterion. He maintained that the appointment of Arshad Khan is in utter and gross violation of PLD 2012 SC 132 (Tauqir Sadiq’s case) and 2013 SCMR 1159 (Ashraf Tiwana’s case).

Therefore, in his petition, he prayed to the court it may declare the appointment of Arshad Khan as Chairman PTVC be declared as illegal, unlawful, and based on extraneous considerations.

He requested the court to declare his appointment in violation of and negation of the provisions and requirements postulated by the Companies Act 2017 and the Rules of 2013 and the judgment passed by this court dated 7-5-2019.

The petitioner also requested the court to direct the respondents to commence the process of appointment of Director(s) of BoD of PTV including the chairman thereof in accordance with the law i.e Public Sector Companies (Corporate Governance) Rules, 2013.